HomeMy WebLinkAboutOrdinance 489 CERTIFICATION
1, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 489, adopted by the
Atascadero City Council at a regular meeting thereof held on January 24, 2006, and that it has been.
duly published pursuant to State Law.
Marcia McClure Tomgerson,C.M.0 U
City Clerk
City of Atascadero, California
ORDINANCE NO. 489
ORDINANCE OF THE CITY COUNCIL
am OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE CHANGE 2005-00106 AMENDING ATASCADERO
MUNICIPAL CODE SECTIONS 9-3.701 AND 9-3.253
EXPANDING THE DEFINITION OF INDOOR RECREATIONAL USES
AND CONDITIONALLY ALLOWING INDOOR RECREATIONAL USES
IN THE COMMERCIAL PARK ZONING DISTRICTS (CPK)
(Bennet/Norris)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Robert Bennet, c/o Fence Factory,
2419 Palma Drive, Ventura, California 93003, to consider Zone Change Text Amendments to
conditionally allow indoor recreational uses in the Commercial Park (CPK) Zoning Districts;
and,
WHEREAS, the project is consistent with the Environmental Impact Report (EIR)
prepared for the City's General Plan, adopted in June 2002, whereby the EIR assessed impacts
associated with"recreational complexes" in the CPK land use designated areas; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare
of its citizens by applying orderly development and expanding housing opportunities within the
City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 6, 2005, studied and considered Zone Change 2005-0106; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 10, 2006, studied and considered Zone Change 2005-0106; and,
City of Atascadero
Ordinance No.489
Page 2 of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of Zone Text Change 2005-0106. The City
Council finds as follows:
1. The Zone Change is consistent with General Plan policies and all other applicable
Ordinances and policies of the City.
2. Amendment of the Zoning Ordinance will provide for the orderly and efficient use of
lands where such development standards are applicable.
3. The Zone Change will not, in itself, result in significant environmental impacts.
4. The Zone Change is consistent with the Environmental Impact Report, adopted in
June 2002, prepared for the City's General Plan, which considered Recreational
Complexes in the Commercial Park Zoning Districts.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 10, 2006 resolved to introduce for first reading by title only, an
ordinance that would amend the City Zoning code text as follows:
Article 29. Land Use Descriptions
9-3.701 Purpose.
Indoor Recreation Services. Facilities for various indoor sports and recreation, including:
bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs;
tennis, handball, racquetball and similar indoor sports; shooting `and archery ranges:
recreation and community centers.
Article 12. CPK (Commercial Park) Zone
9-3.251 Purpose.
This zone is established to provide for large lot commercial and light manufacturing uses.
It is intended that special attention be given to providing for comprehensive development
plans to achieve appropriate functional relationships between various uses and preclude
"piecemeal" development of existing larger lots. (Ord. 364 § 2 (part), Exh. B (part), 1999:
Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 68 § 9-3.251, 1983)
City of Atascadero
Ordinance No.489
Page 3 of 4
9-3.253 Conditional uses.
low The following uses may be established in the Commercial Park Zone with Planning
Commission approval. The establishment of conditional uses shall be as provided by
Chapter 2 of this title:
(a)Animal hospitals;
(b) Auto repair and services (see Section 9-6.168);
(c) Bar/tavern;
(d) Chemical products;
(e) Concrete, gypsum and plaster products;
(f) Eating and drinking places where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(g)Eating and drinking places with drive-through facilities;
(h) Glass products;
(i) Indoor recreational noes
0) Lumber and wood products;
(k)Machinery manufacturing;
(1) Membership organizations;
(m) Mini storage;
(n)Paper products;
(o) Paving materials;
(p)Pipelines;
(q) Plastics and rubber products;
(r) Public assembly and entertainment;
(s) Sales lots (see Section 9-6.139);
(t) Structural clay pottery products;
(u) Textile mills;
(v) Transit stations and terminals;
(w) Vehicle and equipment storage (see Section 9-6.183);
(x)Warehousing;
(y) Auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 § 2 (part),
2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 349 § 3, 1998; Ord. 311 § 3, Exh. B
(part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 75 § 2 (3), 1984; Ord. 68 § 9-
3.253, 1983)
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31St
�.,. day after its passage.
City of Atascadero
Ordinance No.489
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on January 10, 2006, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on January
24, 2006,by the following roll call vote:
AYES: Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: None
CIT ATASCADER
By:
Tom O'Malley, Ma r
ATTEST:
Marcia McClure Torgerson, C.M.C. ity Clerk
APPROVE AS TO FORM:
Patrick" nri , City Attorney